New york: One of Ghana's veteran business journalists, currently based in New York, has raised concerns about the draft NITA Bill, urging a closer examination of its ramifications. The journalist, prompted by ongoing debates, delved into the intricacies of the bill, highlighting its potential to transform NITA from a coordinating ICT agency into a broad digital-sector regulator with sweeping powers.
According to Ghana Web, the bill seeks to establish NITA as a regulatory authority for ICT and digital services, with extensive mandates including regulation, licensing, certification, and control over various ICT activities. A particularly contentious section of the bill, Section 35, mandates licensing for anyone engaging in ICT business activities, with non-compliance potentially leading to fines or imprisonment.
Critics argue that the bill's definition of 'ICT professional' is overly broad, potentially requiring licenses for individuals performing basic ICT tasks. They suggest a more targeted approach focusing on critical functions like public digital infrastructure management and financial services cybersecurity auditing. The bill's citizen-only ownership clause also raises concerns about its impact on foreign investment and the participation of non-citizens in Ghana's tech sector.
Furthermore, the draft bill's enforcement mechanisms, including the power to close premises and seize ICT equipment, are seen as potentially stifling for innovation and small businesses. The journalist emphasizes that the Ministry should engage with a diverse range of tech experts to re-evaluate the bill's provisions, considering the dynamics of modern technology and the informal economy.
The journalist also draws comparisons with international examples, noting that attempts to regulate the ICT profession in countries like Nigeria and Canada have yielded mixed results. The challenges posed by AI advancements further complicate the notion of licensing ICT professionals, as AI diffuses technical production across various sectors.
To address these issues, the bill should be rewritten to focus on regulated activities rather than a broad definition of 'IT professionals.' Recommendations include creating a schedule of licensable high-risk ICT activities, narrowing the citizen-only ownership rule, and ensuring coordination among existing regulatory bodies. Additionally, the bill should account for the informal economy and integrate AI-specific assurances to remain relevant in the evolving digital landscape.
In conclusion, the journalist urges the Ministry of Communications, Digital Technology, and Innovations to reconsider the draft NITA Bill, advocating for a more thoughtful approach that aligns with industry realities and supports Ghana's burgeoning technology sector.